Topic: defendant is actually convicted of a crime other than that … · Go Syfert
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Topic #20010

7 canonical passages across 5 cases, quoted by 21 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from United States v. Wendy Moore.

#Case FlagCanonical passage Citers
1 United States v. Wendy Moore Anchor
ca4 · 2016
green “defendant is actually convicted of a crime other than that charged in the indictment.” 3
2 United States v. Wendy Moore
ca4 · 2016
green “when a constructive amendment claim rests on allegedly erroneous jury instructions, a reviewing court is to consider the totality of the circumstances.” 3
3 United States v. Monclaire Saint Louis
ca4 · 2018
green “only when the evidence weighs heavily against the verdict.” 3
4 United States v. Omar Banks
ca4 · 2022
green “broadens the bases of conviction beyond those charged in the indictment, a constructive amendment-sometimes referred to as a fatal variance-occurs.” 3
5 United States v. Omar Banks
ca4 · 2022
green “in the fourth circuit, alleged constructive amendments not objected to below are subject to plain error review” 3
6 United States v. Bijan Rafiekian
ca4 · 2023
green “exercised its discretion in an arbitrary or capricious manner.” 3
7 United States v. Rose-Marie Nsahlai
ca4 · 2024
green “when considering jury instruction challenges, 'we do not view a single instruction in isolation,' but must assess the 'allegedly erroneous instruction in its full context,” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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